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The US Environmental Protection Agency (EPA) administers a Worker Protection Standard (WPS) designed to protect workers exposed to agricultural pesticides. WPS is patterned after the Occupational Safety and Health Administration (OSHA’s) Hazard Communication Standard (HCS) for workers in most industrial and commercial settings. EPA adopted the WPS in 1992, and just proposed its first revisions on February 20, 2014. Some of these changes incorporate revisions to HCS adopted by OSHA in 2012 (see my earlier article), while others catch up on two decades of industrial hygiene and worker safety practices. Comments will be due 90 days after the proposal is published, with final approval to follow sometime later.

What Does WPS Require Now?

WPS presently requires employers whose employees work with or around pesticides to provide the following:

Pesticide safety training—basic training at least every 5 years, following requirements for general workers, and for pesticide handlers.

Access to labeling information—for pesticide handlers and early-entry workers (those who enter before full waiting period, to perform short-term, emergency, or other EPA-authorized tasks) for each time and place pesticides are used.

Access to specific information (which may be at a central location)—for workers and handlers, which includes pesticide-specific training within 5 days of beginning work (“grace period”), supplementing immediate emergency information and a pesticide safety poster.

Requirements to keep workers out of areas being treated with pesticides, within nurseries and greenhouses (“buffer”).

Requirements to keep workers out of areas under a restricted-entry interval (REI) set for each pesticide.

Protections for early-entry workers who are doing permitted tasks in pesticide-treated areas during an REI, including special instructions and duties for correct use of personal protective equipment (PPE).

Required warning to nearby workers about pesticide-treated areas (oral and/or by posting warning signs, depending on the chemical), so they can avoid inadvertent exposures.

Provision of emergency assistance—make transportation available to a medical care facility in case of pesticide injury or poisoning, and provide information about the pesticide(s) for workers and emergency medical personnel.

What Changes Is EPA Proposing?

EPA is proposing the following changes:

Increase frequency of mandatory trainings (from once every five years to annually).

Expand trainings to include instructions to reduce take-home exposure from pesticides on work clothing and other safety topics.

Jon Elliott is President of Touchstone Environmental and has been a major contributor to STP’s product range for over 25 years. He was involved in developing 16 existing products, including Environmental Compliance: A Simplified National Guide and The Complete Guide to Environmental Law. Mr. Elliott has a diverse educational background. In addition to his Juris Doctor (University of California, Boalt Hall School of Law, 1981), he holds a Master of Public Policy (Goldman School of Public Policy [GSPP], UC Berkeley, 1980), and a Bachelor of Science in Mechanical Engineering (Princeton University, 1977). Mr. Elliott is active in professional and community organizations. In addition, he is a past chairman of the Board of Directors of the GSPP Alumni Association, and past member of the Executive Committee of the State Bar of California’s Environmental Law Section (including past chair of its Legislative Committee).